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Call Now: 904-383-7448The acts of the legislature of any other state, territory, or possession of the United States, the records and judicial proceedings of any court of any such state, territory, or possession, and the nonjudicial records or books kept in the public offices in any such state, territory, or possession, if properly authenticated, shall have the same full faith and credit in every court within this state as they have by law or usage in the courts of such state, territory, or possession from which they are taken.
(Code 1981, §24-9-922, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
- Former Code Section 24-7-24, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived in part from 28 U.S.C. § 1738.
- For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011).
- In light of the similarity of the statutory provisions, decisions under Ga. L. 1890-91, p. 109, § 1, former Civil Code 1895, §§ 5216, 5237, former Civil Code 1910, §§ 5803, 5824, former Code 1933, §§ 38-606, 38-627, 38-630, and former O.C.G.A. §§ 24-7-24 and24-7-25 are included in the annotations for this Code section.
- It was usually considered that a substantial compliance with the terms of the former statute was sufficient. Drake v. Drake, 187 Ga. 423, 1 S.E.2d 573 (1939) (decided under former Code 1933, § 38-627).
- Former statute was not exclusive but cumulative of the method authorized by statute. Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344 (1900) (decided under former Civil Code 1895, § 5237); Seaboard Air-Line Ry. v. Phillips, 117 Ga. 98, 43 S.E. 494 (1903); Missouri State Life Ins. Co. v. Lovelace, 1 Ga. App. 446, 58 S.E. 93 (1907) (decided under former Civil Code 1895, § 5237);(decided under former Civil Code 1895, § 5237).
- Although an insurance policy provided that the policy should be construed pursuant to another state's law, upon the failure to prove that state's law as required by former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902), the law of Georgia was applied. General Am. Life Ins. Co. v. Samples, 167 Ga. App. 622, 307 S.E.2d 51 (1983) (decided under former O.C.G.A. § 24-7-24).
In an action to domesticate a New York default judgment, the trial court properly applied Georgia law because the judgment debtor did not give written notice of intent to rely on foreign law pursuant to O.C.G.A. § 9-11-43(c), nor did the debtor prove New York law as required by former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902). Giarratano v. Glickman, 232 Ga. App. 75, 501 S.E.2d 266 (1998) (decided under former O.C.G.A. § 24-7-24).
Georgia law applied in an action arising out of a Louisiana divorce decree because neither party met the requirements in O.C.G.A. § 9-11-43(c) and former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902) that the parties give notice and thereafter prove the law of another state. Davis v. Davis, 310 Ga. App. 512, 713 S.E.2d 694 (2011) (decided under former O.C.G.A. § 24-7-24).
- Courts of this state are required to give full faith and credit to child support orders from other states that satisfy the jurisdictional due process standards of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B). Georgia Dep't of Human Resources v. Pinter, 241 Ga. App. 10, 525 S.E.2d 715 (1999) (decided under former O.C.G.A. § 24-7-24).
- Relatives of the mother of a child born with Fetal Alcohol Syndrome were not required to comply with the requirements of O.C.G.A. § 19-8-7, as the father's relinquishment of his rights was valid because it was knowingly and voluntarily made in accordance with New Mexico law pursuant to former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902). Rokowski v. Gilbert, 275 Ga. App. 305, 620 S.E.2d 509 (2005) (decided under former O.C.G.A. § 24-7-24).
- Notice of intent was required to raise an issue of foreign law, to establish such law by compliance with statutory means (O.C.G.A. § 9-11-43(c) and former O.C.G.A. §§ 24-1-4 and24-7-24 (see now O.C.G.A. § 24-9-902)), or cause a duty to be imposed on a court to judicially recognize any relevant, existing foreign law. Samay v. Som, 213 Ga. App. 812, 446 S.E.2d 230 (1994) (decided under former O.C.G.A. §§ 24-1-4 and24-7-24).
- Authentication of foreign law pursuant to former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-902) rendered that evidence of foreign law admissible, and perhaps constituted the most certain method of proving foreign law, but it was not the exclusive means of introducing foreign law in a case. Meeker v. Eufaula Bank & Trust, 208 Ga. App. 702, 431 S.E.2d 475 (1993) (decided under former O.C.G.A. § 24-7-24).
- Presenting copies of relevant portions of the Code of Alabama and copies of two decisions of the Alabama Supreme Court published in the Southern Reporter, and requesting that the trial court take judicial notice of the Alabama law, permitted judicial cognizance of the substantive Alabama law. Meeker v. Eufaula Bank & Trust, 208 Ga. App. 702, 431 S.E.2d 475 (1993) (decided under former O.C.G.A. § 24-7-24).
- Judgment creditor's evidence showed a prima facie case for domestication where judgment creditor produced an authenticated copy of its Louisiana judgment and the lack of jurisdiction did not appear on the face of the judgment nor did any fact regarding judgment debtor's possible nonresidency. Toledo Center Floor Covering, Inc. v. Richfield Carpet Mills, Inc., 176 Ga. App. 400, 336 S.E.2d 320 (1985) (decided under former O.C.G.A. § 24-7-24).
- Full faith and credit clause of the United States Constitution required the courts of this state to give effect to a judgment granted in a sister state when the same is properly proved in a proceeding in which it may be relevant. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667 (1979) (decided under former Code 1933, § 38-627).
- Certified copy of Alabama court's case action summary was admissible as proof of defendant's status as a convicted felon in a prosecution for possession of a firearm by a convicted felon. Taylor v. State, 249 Ga. App. 5389, 548 S.E.2d 662 (2001) (decided under former O.C.G.A. § 24-7-24).
Prima facie case was made by alleging and proving a properly authenticated copy of the judgment itself. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667 (1979) (decided under former Code 1933, § 38-627).
Judgment rendered by competent court of another state was conclusive on merits when made basis of action or defense in the courts of Georgia, and the merits could not be reinvestigated. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667 (1979) (decided under former Code 1933, § 38-627).
Foreign judgment was conclusive as to all matters which were decided or could have been heard at the time of the obtaining of the foreign judgment. Melnick v. Bank of Highwood, 151 Ga. App. 261, 259 S.E.2d 667 (1979) (decided under former Code 1933, § 38-627).
- State could not by merely failing or refusing to amend the state's code place greater restrictions upon a party seeking to rely on a foreign judgment than were imposed by the procedure enacted by Congress pursuant to the provisions of the full faith and credit clause of the United States Constitution. Peeples v. Peeples, 103 Ga. App. 462, 119 S.E.2d 710 (1961) (decided under former Code 1933, § 38-627).
- An authenticated foreign judgment did not preclude the defendant from pleading any special matter in avoidance of the judgment, such as fraud in the judgment's rendition. Potter v. Potter, 40 Ga. App. 324, 149 S.E. 579 (1929) (decided under former Civil Code 1910, § 5824).
Collateral attack upon a petition to domesticate a foreign judgment that was based on lack of personal jurisdiction was precluded in this state only if the defendant had appeared in the foreign court and had thus had an opportunity to litigate the issue. Maxwell v. Columbia Realty Venture, 155 Ga. App. 289, 270 S.E.2d 704 (1980) (decided under former Code 1933, § 38-627).
When defense to foreign judgment is made, the responsibility of raising the issue concerning the law of the sister state is upon the plaintiff. Ramseur v. American Mgt. Ass'n, 155 Ga. App. 340, 270 S.E.2d 880 (1980) (decided under former Code 1933, § 38-627).
When clerk of court in Ohio certified the records of three prior felony convictions of a person with the same name of appellant, the trial court properly admitted the records into evidence because the appellant admitted having lived in Ohio at the time of the convictions and the appellant's name was unusual; moreover, this gave the jury a sufficient basis to find that the appellant actually was a convicted felon for impeachment purposes. Wyley v. State, 169 Ga. App. 106, 311 S.E.2d 530 (1983) (decided under former O.C.G.A. § 24-7-24).
Certified copies of a defendant's out-of-state judgment of conviction, associated complaint, and plea hearing transcript were properly admitted into evidence to show that the defendant was a convicted felon for purposes of O.C.G.A. § 16-11-131, which prohibits possession of a firearm by a convicted felon. Warren v. State, 289 Ga. App. 481, 657 S.E.2d 533 (2008), cert. denied, No. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008) (decided under former O.C.G.A. § 24-7-24).
In suit to domesticate default judgment rendered against defendant in another state, summary judgment was not authorized, it appearing that the copy of the foreign state's return of service which was filed of record in the Georgia case was not properly certified, in that it was not accompanied by the certificate of a judge to the effect that the attestation of the clerk was in proper form, nor was the seal of the foreign court affixed to the clerk's attestation. Moore v. Sanford, Adams, McCullough & Beard, 171 Ga. App. 549, 320 S.E.2d 394 (1984) (decided under former O.C.G.A. § 24-7-24).
Foreign order was found improperly certified in accordance with Georgia law. Southeastern Metal Prods., Inc. v. Horger, 166 Ga. App. 205, 303 S.E.2d 536 (1983) (decided under former O.C.G.A. § 24-7-24).
Without an original signature or court seal, a foreign divorce decree did not meet the statutory requirements for proper domestication. Henderson v. Justice, 223 Ga. App. 591, 478 S.E.2d 434 (1996) (decided under former O.C.G.A. § 24-7-24).
Properly exemplified acts, records, and judicial proceedings or copies thereof shall have the same full faith and credit in every court within this state as those documents have by law or usage in the courts of the state from which those documents are taken. Van Buskirk v. Great Am. Bank, 175 Ga. App. 101, 332 S.E.2d 394 (1985) (decided under former O.C.G.A. § 24-7-24).
- See Venable v. Venable, 153 Ga. 689, 112 S.E. 891 (1922) (decided under former Civil Code 1910, § 5824).
- See Beggs v. Beggs, 208 Ga. 415, 67 S.E.2d 135 (1951) (decided under former Code 1933, § 38-627); Parker v. Parker, 233 Ga. 434, 211 S.E.2d 729 (1975);(decided under former Code 1933, § 38-627).
- See Stewart v. Fisher, 18 Ga. App. 519, 89 S.E. 1052 (1916) (decided under former Civil Code 1910, § 5824).
- See Strong v. State, 232 Ga. 294, 206 S.E.2d 461 (1974) (decided under former Code 1933, § 38-627).
- See White v. First Nat'l Bank, 174 Ga. 281, 162 S.E. 701 (1932) (decided under former Civil Code 1910, § 5824); Blackwell v. Grant, 46 Ga. App. 241, 167 S.E. 333 (1933); Tripp v. Hutchings, 214 Ga. 330, 104 S.E.2d 423 (1958) (decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627).
When the clerk's certificate was incomplete, the docket of mayor's court was not given full faith and credit. Mason v. Nashville, C. & St. L. Ry., 135 Ga. 741, 70 S.E. 225, 33 L.R.A. (n.s.) 280 (1911) (decided under former Civil Code 1910, § 5824).
- Full faith and credit statute applied only to state records and proceedings. Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24 (1946) (decided under former Code 1933, § 38-630).
- See Jackson v. Johnson, 67 Ga. 167 (1881) (decided under former law); Tharpe v. Pearce, 89 Ga. 194, 15 S.E. 46 (1892); McFarland v. Fricks, 99 Ga. 104, 24 S.E. 868 (1896) (decided under former law); Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344 (1900); Hope v. First Nat'l Bank, 142 Ga. 310, 82 S.E. 929 (1914) (decided under former Civil Code 1895, § 5237); Parker v. Cramton, 143 Ga. 421, 85 S.E. 338 (1915); Clein v. Diamond, 17 Ga. App. 652, 87 S.E. 1101 (1916) (decided under former Civil Code 1895, § 5237); Sullivan v. Douglas Gibbons, Inc., 58 Ga. App. 708, 199 S.E. 554 (1938); 187 Ga. 764, 2 S.E.2d 89 (1939) (decided under former Civil Code 1910, § 5824); Brown v. Beckner, 60 Ga. App. 827, 5 S.E.2d 409 (1939); Roadway Express, Inc. v. McBroom, 61 Ga. App. 223, 6 S.E.2d 460 (1939) (decided under former Civil Code 1910, § 5824); Minor v. Lillie Rubin, Inc., 84 Ga. App. 112, 65 S.E.2d 691 (1951); Albert v. Albert, 86 Ga. App. 560, 71 S.E.2d 904 (1952) (decided under former Civil Code 1910, § 5824); Soman v. Yeager, 209 Ga. 444, 73 S.E.2d 198 (1952); Peeples v. Peeples, 103 Ga. App. 462, 119 S.E.2d 710 (1961), aff'd, Kelly v. Kelly, 115 Ga. App. 700, 155 S.E.2d 732 (1967) (decided under former Code 1933, § 38-627); Ramseur v. American Mgt. Ass'n, 155 Ga. App. 340, 270 S.E.2d 880 (1980); Southeastern Metal Prods., Inc. v. Horger, 175 Ga. App. 143, 332 S.E.2d 662 (1985) (decided under former Code 1933, § 38-627); Smith v. Airtouch Cellular of Ga., Inc., 244 Ga. App. 71, 534 S.E.2d 832 (2000);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former Code 1933, § 38-627);(decided under former O.C.G.A. § 24-7-24);(decided under former O.C.G.A. § 24-7-24).
Trial court properly denied the applicants' motion to terminate a father's parental rights and denied the applicants' adoption petition because a State of Alabama paternity order obtained by the father was substantially equivalent to a Georgia legitimation order such that the father had not lost his right to contest the adoption and the father properly domesticated the Alabama order with the trial court. Park v. Bailey, 329 Ga. App. 569, 765 S.E.2d 721 (2014).
- See James v. Kerby, 29 Ga. 684 (1859) (decided under former law). Tharpe v. Pearce, 89 Ga. 194, 15 S.E. 46 (1892) See also Sloan v. Wolfsfeld, 110 Ga. 70, 35 S.E. 344 (1900) (decided under former Civil Code 1895, § 5237); Mason v. Nashville, C. & St. L. Ry., 135 Ga. 741, 70 S.E. 225, 33 L.R.A. (n.s.) 280 (1911); Atkinson v. Atkinson, 160 Ga. 480, 128 S.E. 765 (1925) (decided under former Civil Code 1895, § 5237); King v. King, 203 Ga. 811, 48 S.E.2d 465 (1948);(decided under former Civil Code 1910, § 5824);(decided under former Civil Code 1910, § 5824);(decided under former Code 1933, § 38-627).
- See Elliott v. Elliott, 181 Ga. 545, 182 S.E. 845 (1935) (decided under former Code 1933, § 38-627).
- See Youmans v. Ferguson, 122 Ga. 331, 50 S.E. 141 (1905) (decided under former Civil Code 1895, § 5237).
- Georgia resident's argument that the supplemental affidavit attached to the motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State was inadmissible because it did not comply with former O.C.G.A. § 24-7-27 (see now O.C.G.A. § 24-9-902) failed because former § 24-7-27 provided the method for authenticating out-of-state court records and the affidavit was not a court record. Wollesen v. State, 242 Ga. App. 317, 529 S.E.2d 630 (2000) (decided under former O.C.G.A. § 24-7-24).
- Until the contrary appeared, the action of a city council was supposed to be in writing; and its book of minutes, properly proved as such, or an exemplification of the record, certified by the clerk or keeper of such records, under seal, was the proper mode of placing the evidence before the court. Farrar Lumber Co. v. City of Dalton, 20 Ga. App. 138, 92 S.E. 946 (1917) (decided under former Civil Code 1910, § 5803); Mullis v. State, 197 Ga. 550, 30 S.E.2d 99 (1944);(decided under former Code 1933, § 38-606).
- Official minutes of the city council may be proved by the production of the original book of minutes identified as such by the clerk of the corporation, and shown to have come from the clerk's custody. Mullis v. State, 197 Ga. 550, 30 S.E.2d 99 (1944) (decided under former Code 1933, § 38-606).
- Determination of question relating to foreign law as one of law or of fact, 34 A.L.R. 1447.
Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.
Foreign judgment based upon, or which fails to give effect to, a judgment previously rendered at the forum, or in a third jurisdiction, 53 A.L.R. 1146.
Construction and effect of foreign statutes or judicial decisions as question for court or for jury, 68 A.L.R. 809.
Judgment or order upholding prior judgment in the same state against direct attack upon ground of lack of jurisdiction, as conclusive in another state under the full faith and credit provision or doctrine of res judicata, 104 A.L.R. 1187.
Full faith and credit provision as affecting insurance contracts, 119 A.L.R. 483; 173 A.L.R. 1138.
Right to maintain action or proceeding in one state or country to collect or enforce tax due to another state or country or political subdivision thereof, 165 A.L.R. 796.
No results found for Georgia Code 24-9-922.